Number
060792
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to South West Imports, LLC for a handicap ramp with platform and handrail, two platforms each with a step and three excess door swings in the public right-of-way for the premises at 1035-39 West National Avenue, in the 12th Aldermanic District.
Analysis
This resolution grants a special privilege to South West Imports, LLC for a handicap ramp with platform and handrail, two platforms each with a step and three excess door swings in the public right-of-way for the premises at 1035-39 West National Avenue.
Body
Whereas, South West Imports, LLC is requesting permission to install a handicap ramp with platform and handrail and an excess door swing within the public right-of-way; and
Whereas, A site visit revealed the presence of two concrete platforms each with a step and two additional excess door swings; and
Whereas, Said items may only legally encroach into the public right-of-way by granting of a special privilege resolution adopted by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that South West Imports, LLC, 635 West Greenfield Avenue, Milwaukee, Wisconsin 53204 is hereby granted the following special privileges:
1. To construct and maintain a barrier free access ramp (handicap ramp) with platform and handrail to project 5 feet into the east 15-foot wide sidewalk area of South 11th Street. Said ramp with platform and handrail will commence at a point approximately 19 feet 11 inches south of the southline of West National Avenue and will end approximately 22 feet 6 inches to the south. Said concrete ramp and platform will have concrete footings to a depth 4 feet below grade.
2. To construct and maintain an excess door swing projecting over the platform of item 1 described above. Said door will project 3 feet into the east 15-foot wide sidewalk area of South 11th Street, in excess of the 12 inches allowed under Section 245-4.8 of the Milwaukee Code of Ordinances.
3. To keep and maintain two concrete platforms, each with a step, both projecting 3 feet 2 inches into the east 15-foot wide sidewalk area of South 11th Street. The north platform is 5 feet long and centered approximately 56 feet south of the southline of West National Avenue. The south platform is 6 feet 1 inch long and centered approximately 66 feet south of the southline of West National Avenue.
4. To keep and maintain two excess door swings, one each, projecting over the concrete platforms described in item 3 above. Said doors project 3 feet into the east 15-foot wide sidewalk area of South 11th Street in excess of the 12 inches allowed under Section 245-4.8 of the Milwaukee Code of Ordinances.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. All necessary permits shall have been obtained prior to the granting of this special privilege.
Said items shall be maintained or removed from the public right-of-way, at such future time as they are no longer needed, to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, South West Imports, LLC, shall:
Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
File with the City Clerk a bond of a surety company duly incorporated in the State of Wisconsin, or duly licensed to do business in this State, in the sum of $3,000 such bond to be approved by the City Attorney. This applicant shall also file with the City Clerk a certificate of insurance indicating applicant holds a public liability policy in the sum of at least $50,000 covering bodily injury to any one person and $100,000 covering bodily injury to more than one person in any one accident and $20,000 covering property damage to any own owner on the area or areas included within the special privilege and naming the City of Milwaukee as an insured. Both bond and insurance policy shall provide that they shall not be cancelled until after at least thirty days’ notice in writing to the City Clerk.
Pay to the City Treasurer an annual fee, which has an initial amount of $112.88. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
Whenever this special privilege is discontinued for any reason whatsoever, including public necessity whenever so ordered by resolution adopted by the Common Council not only remove all construction work executed pursuant to this special privilege, but shall also restore to its former condition and to the approval of the Commissioner of Public Works and curb, pavement or other public improvement which was removed, changed or disturbed by reason of the granting of this special privilege. Such grantee shall be entitled to no damages due to the alteration and/or removal for such purposes.
Waive the right to contest in any manner the validity of Section 66.0425 of the Wisconsin Statutes (1999), or the amount of the annual fixed fee, payable on or before July 1st of each year.
Put this special privilege into use within one year after approval by the Common Council of the City of Milwaukee; failing to do so in the time specified, the Commissioner of Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:lja
December 15, 2006
060792